Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendmentNo. 35:

In page 21, to delete lines 33 to 49 and in page 22, to delete lines 1 to 40.

Section 9 provides for the period of detention without charge, during interrogation for ordinary crimes, to be extended to up to 24 hours. The Irish Human Rights Commission has argued that this provision may put Ireland in breach of its international human rights obligations under the European Convention on Human Rights and the International Covenant on Civil and Political Rights. Article 40.4 of the Constitution states that a person who is detained on a criminal charge must be brought promptly before a judicial authority. The IHRC maintains that the current provision of 12-hour detention should be sufficient for proper investigation.

The Minister has not made the case for this extension of powers. Any move to consider an extension of the maximum duration of detention without charge must be preceded by an independent investigation into the number of deaths in Garda custody or following Garda custody. We need to ascertain whether what occurred during the length of time they spent in custody and detention had any bearing on the deaths of people like Brian Rossiter, Terence Wheelock or even John Moloney.

I have tabled a number of other amendments which flow from amendment No. 35. I will deal with them if the Minister tries to provide for an extension of the length of time for which people can be held for interrogation. We need to ensure that additional safeguards are put in place, particularly if we give additional powers to the Garda, so that circumstances like those which developed in County Donegal and other places do not develop again.

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